الاحتكار أحكامه ووسائل معالجته: دراسة فقهية مقارنة بالقانون اليمني

الملخص EN

This research aims to study the phenomenon of monopoly and explain its rule and the means to address it from a juristic perspective compared to the Yemeni law, and the researcher used the inductive and deductive methods where the jurisprudential sources were consulted/referred to with evidences from the book of Allah and the approach of the messenger (sunnah) providing with a discussion of the opinions of the jurists to reach the most correct opinion.

the research/ study consists of two topics: the first topic: in defining monopoly and clarifying its provisions, it has three requirements: the first: the definition of monopoly in jurisprudence and the law, while the second: the rule of monopoly in jurisprudence, and the third requirement: the rule of monopoly in law.

the second topic: is in the things in which the monopoly is taking place, and the means to treat it.

there are three requirements: the first: the things in which monopoly takes place in the jurisprudence and law? the second included: the methods of monopoly in jurisprudence and the third requirement: is about monopolistic methods in the law.

the results of the study indicated/ showed the following: buying goods and materials of all kinds and collecting them from the market at the time of their shortage and licensing, so that all of them can seek profit when the need is so great for it, so it is one of the prohibited monopoly in shariah and law, and that is legally forbidden too.

the sayings of the religious scholars were differed/ different in its ruling/rule between the prohibition and hatred, and the researcher favors its prohibition, but it is a conditional prohibition that meets/covers the conditions of monopoly and materials and the Yemeni law agreed with Islamic jurisprudence to prohibit the monopoly in all its forms and considered it as one of violations and set/ put for it the means and controls that limit it, and that it takes place in all goods and materials.

on this basis, the Islamic law and Yemeni law didn't leave this danger to destroy the community and spread the corruption in it, but they put many methods that treat/ address this disease, if it appeared and spread in the society.

one of the most important of these controls or means is that guardians or rulers warn monopolists to sell goods that they monopolize at moderate prices, if they refuse, the ruler/ judge may confiscate it and sell it to people giving them the same when it is there or give them its value, or it is priced on them, if this is not possible and they refuse to hand over what they have or pricing, here & in this case the ruler has the right to discipline/ punish the monopolists so that he is detering them and defending the harm on the people, whether through discretionary punishment, incarceration/ confinement, beating, or fining as based on the law or so.

the researcher also presented a set of recommendations and proposals/suggestions for the responsible authorities (security) and merchants to limit monopoly, provide goods and alleviate the suffering of those ones who are in need presenting some proposals for complementary studies.